Southern v. State, 371 Md. 93

Summary

The Maryland Court of Appeals held that the Court of Special Appeals improperly remanded the case to reopen a completed suppression hearing and give the State a second opportunity to present evidence supporting the constitutionality of the defendant's initial stop. Because the State failed to meet its burden at the original suppression hearing, the appellate court should have reversed the convictions and remanded for a new trial. The court discussed the proper use and limits of limited remands under Maryland Rule 8-604(d).

Holdings

1. Maryland Rule 8-604(d) does not permit an appellate court to remand a completed suppression proceeding so the State can introduce new evidence to cure its failure to meet its burden of proving the constitutionality of an initial warrantless detention.
2. The appropriate disposition was reversal of the convictions and remand for a new trial, rather than remand for a reopened suppression hearing.

Questions Presented

1. Whether the Court of Special Appeals properly remanded the case to reopen the suppression proceeding so the State could introduce new evidence supporting the constitutionality of Southern's initial stop.
2. Whether Maryland Rule 8-604(d) permits a limited remand to give a party a second opportunity to satisfy an evidentiary burden it failed to meet during a completed suppression hearing.

Disposition

reversed_and_remanded